The trick is the difference between abuse of trust and criminal rape. Think about dating, what is that. Giving someone things until they like you enough to fuck you (i know, love and what not but the end point isn't much different) all this "malicious" person did was take the short version (with equally short results) they gave victim things(alcohol) until they were open to fuck.

My pessimism aside, consider this. Drunk driving is illegal, period. It doesn't matter if you hit a pedestrian, car, or tree, you will get in legal trouble. Why? If you hit a tree, you are a victim right? Doesn't save you. It's because the decision to drive is your responsibility. The tree, the road, the world is outside your realm of control, whether or not you drive, is your choice. Now, mirror this over to sex.

Sure, this malicious person may try to liquor you up, it's your choice to accept (impaired judgement is irrelevant since it does not protect you in deciding to drive) malicious person invites you to their place, your choice. Malicious person wants to have sex, your choice. See a pattern? At the end of all this, it's still your choice. In the eyes of the law their should be no difference between you drunkenly driving and you drunkenly fucking because in both cases you made a choice, impaired or not.